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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 19, 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT City Manager Shana Yelverton, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Information Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Planning Ken Baker, Chief Planner Dennis Killough, Interim Director of Public Safety Rick Smith, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 10A and lOB were added to the consent agenda. The work session ended at 5:57 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:57 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:57 p.m. Executive Session began at 6:28 p.m. and ended at 8:02 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 8:06 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 1 of 9 Agenda Item No. 3 Invocation. The invocation was given by Mike Beaugh from Southlake Boulevard Presbyterian Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Councilmember Jones commented on local restaurant, Red Sage, who has a new summer menu. Agenda Item No. 4B. City Manager's Report. There was no report given. Agenda Item No. 4C. Financial Report A written report was included in City Council's packet. Agenda Item No. 4D. School District Reports. There was no report given. Agenda Item No. 4E. Local Business Report. Director Last introduced Olivia Bennett from Olivia's Sweet Shop who introduced her business to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Approve the minutes for the April 5, 2005, regular City Council meeting. Approved as presented. Agenda Item No. 5B. ZA05 -019, Plat Revision for Lots 3R2R1, 3R2R2, and 3R2R3, Green Meadow Subdivision, being a revision of Lot 3R2, Green Meadow Subdivision, located on the south side of East Continental Boulevard, at the intersection of East Continental Boulevard and South Kimball Avenue. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council during the work session. Item No. 5C. ZA05 -029. Plat Revision for Lot 4R. Block 5. Clariden Ranch Phase 1B located at 701 Silver Spur Court. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #1. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5D. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council. Council excused the absence of Mayor Pro Tern Shankland from the April 5, 2005 Council meeting. Agenda Item No. 10A. Authorize the City Manager to enter into a professional services agreement with MAXIMUS to conduct a management study of the Department of Public Works Operations Division. Interim Deputy City Manager Kiefer presented this item to Council during the work session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 2 of 9 Agenda Item No. IOB. Consider 50 Anniversary Planning Committee. Lou Ann Heath presented this item to Council during the work session. Council discussed the formation of the planning committee and sub - committees. The Mayor said each Councilmember would nominate one person to the committee and give that name to the City Secretary prior to the next Council meeting. He stated the committee should also include: current Mayor and Council; previously elected city officials (Mayors, Councilmembers, Municipal Judges); one representative from each of the following: Planning and Zoning Commission, Park & Recreation Board, Senior Advisory Committee, Joint Utilization Committee, Southlake Historical Society, Southlake Program for the Involvement of Neighborhoods, Sister Cities, Mayor's Advisory Committee, Library Board, DPS Citizen's Academy, and Community Emergency Response Team. From the business community, the Mayor suggested two members from the Chamber of Commerce and two members from the Southlake Executive Forum. Ms. Heath also suggested members from other civic organizations in her correspondence to Council. Motion was made to approve consent agenda items 5A; 5B subject to Plat Review Summary No. 2, dated April 1, 2005; 5C subject to Plat Review Summary No. 1, dated April 1, 2005; 5D to excuse the absence of Mayor Pro Tern Shankland from the April 5 Council meeting; I OA; and IOB authorizing staff to proceed with the planning of the 50 Anniversary Planning Committee and including as part of the record the correspondence from Lou Ann Heath as well as the listing of individuals who will initially comprise the committee. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. Rhonda Hight, 1709 North Carroll Avenue, Southlake, spoke to Council regarding the recently approved wrecker contract with Euless B &B Wrecker. Mimi Best, 606 Logans Lane, Southlake, spoke to Council regarding the Digging for Dragons program on April 23, 2005 from 10 a.m. to 4 p.m. at Dragon Stadium. Councilmember Hill announced the DPS Appreciation Day on April 23, 2005 from 3:00 p.m. to 6:00 p.m. in Southlake Town Square. Mayor Wambsganss closed the public forum and announced Council would discuss Item 8A next. Agenda Item No. 8A. Ordinance No. 480 -280a, 1S Reading (ZA04 -047), Zoning Change and Concept Plan for Stonebridge Park located at 150 -175 Stonebrid e Lane, 2340 and UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 3 of 9 2350 West Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District with 0-1 Office District and C -2 Local Retail Commercial District uses. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council during the work session. Motion was made to approve Ordinance No. 480 -280a, 1 st Reading (ZA04 -047), Zoning Change and Concept Plan for Stonebridge Park, subject to Concept Plan Review Summary No. 7, dated April 1, 2005, and subject to the recommendations from the Planning and Zoning Commission. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7A. Ordinance No. 886. 2nd Reading_ an ordinance canceling the Ma 7. 2005. General Election and declaring each unopposed candidate elected to office: and providing an effective date. Mayor Wambsganss presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE CANCELLING THE MAY 7, 2005, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 886, 2nd Reading, an ordinance canceling the May 7, 2005, General Election and declaring each unopposed candidate elected to office; and providing an effective date. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 480 -453, 2nd Reading (ZA05 -010), Concept Plan for proposed Lots 1 -9, Block 1, The Pavilion at Southlake, being Tracts 2A2, IA, lAl, and lAlA, W. R. Eaves Survey, Abstract No. 500; and Zoning Change specifically for Tracts IA, lAl, and lAlA located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C -3 General Commercial District and AG Agricultural District. Requested Zoning: C -3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item in conjunction with agenda items 7C and 7D. Applicant Phillip Bressink, 200 Swallow Drive, Southlake, made a presentation and answered Council's questions. Architect F.C. LeVrier introduced the owner of Stampede Sports, Rick Byrd, 112 Woodglen Court, Southlake, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 4 of 9 who answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS IA, lAlA, & lAl, SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING APPROXIMATELY 0.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "C -3" GENERAL COMMERCIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. No one spoke, but Max Krugler recorded his support. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480 -453, 2nd Reading (ZA05 -010), Concept Plan for proposed Lots 1 -9, Block 1, The Pavilion at Southlake, being Tracts 2A2, IA, lAl, and lAlA, W. R. Eaves Survey, Abstract No. 500; and Zoning Change specifically for Tracts IA, lAl, and lAlA subject to Concept Plan Review Summary No. 2, dated March 30, 2005, as approved at first reading and subject to the Planning and Zoning Commission's recommendations, approving the architectural styles of the buildings as shown on rendering shown on April 5, 2005. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7C. ZA05 -011, Preliminary Plat for Lots 1 -9, Block 1, The Pavilion at Southlake; being Tracts 2A2, IA, lAlA, & lAl, W.R. Eaves Survey, Abstract No. 500. The property is located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C -3 General Commercial District and AG Agricultural District. Proposed Zoning: C -3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item in conjunction with agenda items 7B and 7D. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 5 of 9 Motion was made to approve ZA05 -011, Preliminary Plat for Lots 1 -9, Block 1, The Pavilion at Southlake, subject to Plat Review Summary No. 2, dated March 11, 2005, and granting the requested variances. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7D. ZA05 -001, Site Plan for Stampede Sports Arena, being a portion of Tract 2A2, W.R. Eaves Survey, Abstract No. 500, proposed Lot 5, Block 1, The Pavilion at Southlake, and being on property located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item in conjunction with agenda items 7B and 7C. Applicant Rick Byrd, 112 Woodglen Court, Southlake, and Ben Henry of Adams Engineering answered Council's questions. Mayor Wambsganss opened the public hearing. The following people spoke in opposition of this request: Roberta Hill, 515 Indian Paintbrush Way, Southlake; Pat Aston, 511 Indian Paintbrush Way, Southlake; and, Michael Carter, 1808 Native Dancer Place, Southlake. The following people spoke in support of this request: Carrie Canter, 215 Silverwood Circle, Southlake; Rick Borkowski, 1201 Cypress Creek Circle, Southlake; and, Rodger Hill, Jr., 103 Woodglen Court, Southlake. The following people did not speak but wished to record their support: Bart Gaskill, 1700 Elk's Lane, Southlake; Max Krugler, 708 Nettleton Drive, Southlake; and, Steve Lakin, 400 Donley Court, Southlake. Mayor Wambsganss closed the public hearing. Motion was made to approve ZA05 -001, Site Plan for Stampede Sports Arena subject to Site Plan Review Summary No. 3, dated April 3, 2005, allowing relief from the slope setback requirement; requiring the south bufferyard berm to be 2 '/z foot height; requiring trees of the size, height, and spread as shown on the F -1 bufferyard plan provided this evening; removing the northern -most articulation shown on the west side of the building and moving the entire building to the north building line and to the west building line which will allow for approximately 18 feet of bufferyard along the south property line; requiring the last game to start no later than 10:00 p.m. except for lock -ins and first game to start no earlier than 7:00 a.m.; accepting the applicant's commitment to place a sign at UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 6 of 9 the front door that will ask patrons to keep noise to a minimum when exiting at night; accepting the applicant's commitment to place four signs along the south row of parking that will ask patrons not to park in that last row of parking after 9:00 p.m.; accepting applicant's commitment to turn off pole lights at closing and allow the 4 -foot tall lights to remain on 24 -hours a day; all lights to meet Lighting Ordinance requirements; and allowing the removal of all stone along the west elevation. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7E. Resolution No. 05 -021, (ZA05 -014), Specific Use Permit for the sale of alcoholic beverages at Michael Anthony's Steakhouse located at 2750 East Southlake Boulevard, being a portion of Lot 3, Block 2, Gateway Plaza, Phase IL Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant Rocko Sofio presented his business to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2750 EAST SOUTHLAKE BOULEVARD, SUITE 140, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA PHASE II, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05 -021, (ZA05 -014), Specific Use Permit for the sale of alcoholic beverages at Michael Anthony's Steakhouse for a period of ten years, the term of the lease. Motion: Shankland Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss called for a break at 9:54 p.m. Mayor Wambsganss reconvened the meeting at 10:06 p.m. Agenda Item No. 7I. Resolution No. 05 -018, Adoption of the West Southlake Boulevard/Pearson; West Highland/North Peytonville, and the North Side (Areas B, E, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 7 of 9 and F) Area Plans as components of the Comprehensive Master Plan for the City of Southlake. Mayor Wambsganss announced this item will be tabled to the May 3, 2005 City Council meeting, but allowed Ed Nash, 134 Jellico Circle, Southlake, to speak on this item since he would not be available to attend the May 3 meeting. Mr. Nash spoke to Council about deed restrictions on several lots within Jellico Estates. Motion was made to table Resolution No. 05 -018, Adoption of the West Southlake Boulevard/Pearson; West Highland/North Peytonville; and the North Side (Areas B, E, and F) Area Plans as components of the Comprehensive Master Plan for the City of Southlake to the May 3, 2005, Council meeting. Motion: Shankland Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7F. ZA05 -017, Revised Site Plan for Southlake Tavern located at 2700 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council in conjunction with agenda items 7G and 7H. No one spoke during the public hearing. Motion was made to approve ZA05 -017, Revised Site Plan for Southlake Tavern subject to Site Plan Review Summary No. 2, dated April 1, 2005. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7G. Resolution No. 05 -022. (ZA05 -018)_ Sbecific Use Permit for the sale of alcoholic beverages at Southlake Tavern located at 2700 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood 97. Chief Planner Killough presented this item to Council in conjunction with agenda items 7F and 7H. Applicant Charlie Morrison, 1221 Westwood Drive, Roanoke, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEGERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2700 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 5R, BLOCK 2, GATEWAY PLAZA PHASE II, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 8 of 9 INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05 -022, (ZA05 -018), Specific Use Permit for the sale of alcoholic beverages at Southlake Tavern for a period of ten years, the term of the lease. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7H. Consider SP05 -090. Variance to Sian Ordinance No. 704 -B for Southlake Tavern located at 2700 East Southlake Boulevard. Chief Planner Killough presented this item to Council in conjunction with agenda items 7F and 7G. Applicants Dayne Ridenhour of D & E Architecture and Terry Wilkinson of Wyndham Properties answered Council's questions. Council discussed this request. Motion was made to approve SP05 -090, Variance to Sign Ordinance No. 704 -B for Southlake Tavern located at 2700 East Southlake Boulevard as presented. Motion: Shankland Second: Terrell Ayes: Jones, Morris, Muzyka, Shankland, Terrell Nays: Hill, Wambsganss Approved: 5 -2 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:48 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2005 Page 9 of 9